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Should my prenuptial agreement address digital assets?

Prenuptial agreements are an excellent tool for clearly defining whose property is whose in a marriage. These agreements are also very useful for laying out a clear framework of expectations around how that property is to be treated both inside a marriage and in the event of divorce. In the modern age, it is important to be mindful of your digital assets when you set about creating a prenuptial agreement.

One way to keep things straightforward is to maintain separate accounts when it comes to individual assets you might buy. This most commonly applies to things like an iTunes accounts or accounts with gaming services where a person purchases something he or she can access through that account. While you and your spouse may, in some cases, have overlapping purchases, it is usually simpler in the long run to keep these things separate and well-defined.

If you have a digital asset that increases in value over time, such as an Instagram account that gains significant popularity or a profile in a certain game that takes time to curate and build, then your spouse may have a claim to a portion of the value of that asset after you are married for some time. If you want to make sure that your digital assets remain truly separate and uncomplicated, be sure to create provisions in your prenuptial agreement to protect not only the digital assets that you currently have, but also those you may create or obtain in the future.

Crafting a prenuptial agreement that truly fits your needs is an important step in your relationship. When two people choose to make a life together, the level of disclosure and thoughtful consideration that a sound prenuptial agreement demands helps the couple more fully understand each other in ways they might not encounter otherwise. If you're ready to create an agreement that fits your relationship, don't hesitate to reach out to an experienced attorney who can guide you through the process.

Source: Findlaw, "3 Legal Tips on How to Handle Digital Assets in a Prenuptial Agreement," accessed Aug. 25, 2017

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